03-11-68 MARCH 11, 1968.
A regular meeting of the Cit~ Counc,1 of Delray. Beach was held
i~ the Council Chambers at 8~00 P.M., w~th Mawr J. L. Saunders
t~e Cha~=, C~ty M~ager David M. Gatchel, C~t~ Attorney John ~oss
A~s, ~d Councilmen. LeRoY W. Merrett, J~es B. W~son a~ O.
yO~gblood, being present.
1. ~ opening ~a~e~ ~as delivered ~ the Rev. ~on S. Fruit.
2, ~e Pl~ge of Alleg~ce to the Flag of the United States of
~er~ca was g~ven.
3. ~e m~nutes of the r~l~ C~U~l' m~t~ng of F~rua~ 22, 1968,
were unan~usly.ap~ed,, on motion ~ ~. ~rr~tt and se~nded
4, Ci~ Clerk Worthing read the follow~q letter to the City Manager
from the C~ity Relations ~ittee, dated March 11.
"~e Co.unity Relations. Co~ittee respectfully sug-
gests that the C~ty Council authorize 2he ~rc~se of
several copies of ~he Re~rt of the President's
mission on Civil Dieord~s. We believe 2h~s Re~=t will
be of great use ~ot only to. our o~ c~ttee, but ~ the
Co~=il, ~self, and to' the c~ty a~n-~stratt~. We hope
fha2 al! m~bers of t~e gi~ aqeneies ~s,t closely
yolked will avail thyselves of the o~t~ity to read
th6 ae~rt, with parti~lar atten~i~ ~ the sec2ion which,
we ~de=stg,~, ~n~ns s~ggest%ons o~ what lo=al
~t~es can do, If the Re~rt ~e no~ yet available
' 'locally, 'it c~ be obtained from th~ United Sta~ ~vern-
ment Printing .O~fice in Waehing~n, D. C.
~ank~Y6u'for ~ours ~d the C0uncil's ~nsidera2iOn
of th~s suggestion."
The C[2y'Manager report~ that such ~n~o~ati~ ~s ~ally
~urn~shed..to the..,mun~c~pal~tSes on .9.cost, free ~sis. ~a he was
asked to re~?~t copies o~ said re. rt.~
4. The C~ty Clerk read the foll~i~g let~r to the M~or ~d
men from. Attorney. Joseph To. erg of ~ton Beach, dated. March 1, 1968~
'~e und~Si~ned repres~ts a group 0f ~y&ton Beach
residents, as wel~ as.0~r~, .~o ~e ~rest~ Lfl
obtaining a f~chise for co~un~ty 'televis~0~ station.
At thio t~e we are re~eOt~ng an :~t~ty. ~
disSuss this matter with ~u a~ One of '~ur ~rkshop
meetings so we can info~ ~u of the benefits the City
of De, raY Beach may ex.ct fr~ a C0~un~y te~evio~on
I~woul-d 'appreC2at~ ~ ad~iS~g me as ~ ~en we
may mee2 w[~t~ you to d~s~s ~ c~le cel.~s*on.
~o i:t~ ~ r~err~ to ~e c~tF Mana~= ~n order that he may
set up a wo~p. meeting conce=~Lug s~e.. .....
5. '~, Meyritt asked for a progreso~'re~Ft on the ~'L~ ~forc~ent
CompLex, a~d the C~t~ Manager .re. Fred that ~c~ect J~s
is pr0C~eding'with the w~rk~ng drawings Of~sa~d ~lex~ tha~'a sug-
g6o2~on Of a ~nor~chang~ ~es:t~ .~'the Poltce~.~par~ent has been
su~ed 'to .a~ acknow1~e~ ~ h~ ~at 'n~ot~ation8 are-under way
with the uttl~ complies r~a~diflg '~der~a wir~ng~ ~urther, the
workLng drawings ~:~oU'ld be ~mple~ ap~rOx~at~l~ 1~.2 ~of May.
~ -i- 3 i1'68"
¸46
5, Mr. Wilson informed Council that Mr. Ed Schmidt had reported that
trash, bottles, beer. cans, etc.., are frequently found on the beach near
the pavilion an~ had asked why .that area is not properly cleaned, or
the depositing of same prohibited.; further.,, that Mr. Schmidt reported
he had observed the shower heads-of .the showers~ placed ,at intervals
along the beach are frequently leaking badty, and, in his. opinion,
these items are in need of attention.
5. Mayor Saunders reported that Vice-Mayor Jurney is absent tonight
on account of illness'.
6.a. Concerning a survey of parcels of land in violation of the City's
nuisance laws presented by "the C~ty Manager, Mr. Wilson moved that
the City Clerk be instructed to proceed width the enforcement of Chapter
15 of the Code of Ordinances, the motion being seconded by Mr.
Youngblood and unanimously carried. (Copy of. survey is attached to
the off'iC~al' copy of these mi~nutes,) ~ee[~,~ge 54.B,
6.b. Concerning a Supplemental Agreement to a contract, the City Man-,
ager explained as follows:
"This SupDlemental Agreement No. 1, applicabl, e to the contract
with Cambron Construction Company, Inc.,, ~d.a. ted September 27, 1967,
for construction of Sewage works Projects in Areas 23 and 25, provides
for addition 'of certain ~..items, ~increase of certain existing
and deletion of certain items affecting said Contract.
These additions and increases, at the or~inal Unit costs shown
in the contract, most advantageous to the CSty cost-Wise, are deemed
necessary for expansion' o~ the contract to include a small territory:,~
in Area 12 prev,~ou~ly omitt, ed, also for extension of sewer service
facil'ities to Area 27 to 'serve the '.area' of the. ~roposed South County
Complex improvements, as We11-as. new industrial ~proved 'lands to the
south of the Complex, ~a1-1 being on South Congress Avenue.
In previous consultation with Council, tentative a, pproval was
then given for these additional items, and an estimated cost for such
added improvements was ~furnished Council in the amount of $66,000.
In reviewing the recapitulation below, it is interesting to note that
actual cost for these additions is less than the original ,eStimate,
but more pleasing to note is 'deletions', accomplished by the con-
tractor .in Areas 23 and 25, resulting in a cost reduction and saving
of $23,488,'00 ~
AMOUNT OF ORIGINAL' CONTRACT ........ .- - $194)595,80::
Additions & Increased. Items $61,696.84
LESS - Deletions Savings 23,488.00
..... .38,208 · 84
Revised Contract ~Amount due to this
Supplemental Agreement ............ $232',804.64
Your. Administration has checked this matter thoroughly with the
Consulting Engineers, RUssell & Axon; with the Contractor, Cambron
Construction Company; with our Administrative Staff, our City Engineer
and Utilities Depart/nent; furthermore, we have checked this matter with
our Attorney; .therefore, it is recommended that Supplemental Agreement
No. 1 be aocepted and authorization given for its execution by the
proper City officials."
It was pointed out that this cost for additional sewer construc-.
tion wou~d be ~aid from the Sewer Construction Account which funds
were provided by a~ bOn(~ issue..
Sa-i~ Supplemental ~Agreement No. 1 was unani~,US':lY accepted and
authoriZation-given for '~its execution by the proper .C~ty officials,
on motion by Mr, .Youngblood and' seconded by Mr. Merri.tt. (coPY of
Supplemental Agreement No. I is ,.attached to the .official copy of these
m~nutee.) See page- 54~C-E. -2- · .3--1~-68.
6.c. The City Manager reported to Council as follows regarding a
replat of por~ons of sections "A" and "B", Delray Beach. Heights
SXtens ion: ·
"Council, at its last regular meeting, adopted OrdinanCe No.
32-66, providing for reclassification of certain lands in the South-
west section .of the City, more specifically identified as 85 platted
lots in Delray Beach Heights Extension and. 17 acres of unplatted lands
adJ ace~t thereto.
Preceding the adoption of said ordinance, rezoning these ·areas
to R-3 (Multiple Family Dwelling. D.ietrict), Council, sustaining the
rec~mmendation of the City's ~Planning Consultant,'~'.Mr. Art Smith, as
well as the Planning and Zoning Board, requested the petitioning
property owners to provide a; replat of the lots. Such requirement has
been met 'and complied with by said petitioners and is reflected in
this replat being sumbitted to Council at this time.
Inasmuch as this replat meets the approval of the City. Engineer,
the Planning Director and the Planning/Zoning Board,. it is reconuuende~
that Council acuept.~same, authorizing its.?approval to be reflected in
the execution of sa~d replat by the proper City officials."
Mr. Youngblood moved that the Council accept said replat and
its execution by the proper City officials, the motion being seconded
by Mr. Wilson and carried unanimously.
7.~.. C'ity .clerk W6~thing Presented the following petition Ghat had
been' reC. e~ved '=equesti~g ~inancial assistance by the Church '~f'~od of
Delray Beach:
"The Ladies .Willing Worker Band o~ the Church of God,~
Delray Beach, Florida, are soliciting funds to help Beautify
the Interior of our¥Chur~h. .Will you be one of our donors?
Please .make check ..payable to= Church of God L~B, and
return in 'the enclosed envelope."
During discussion,, it was.~ted out'that no funds were pro-
Vided ~n the current budget for City participation in such activities,
and the City Administration was instructed to so notify the people
making the request.
7.b. .Council Was informed that the Trinity Lutheran School, through
Dr. Milton G. Kuolt, its Educat.ional Principal, requests Council's
perm~ss~0n' .to use .the Auditorium at the Communit~ center the evening
of Friday, May 3rd0 1968, 'fo= the 'purpose of presenting an Operetta
by the school, betWeen the hoUrs of 7:30 P.M. & 11.=00 P.M.~ further,
the City Manager and Recreation Director concur that such usage of
.the Auditorium on that evening will not conflict with any City
ational program at the Center. The. request was u~animously approved,
on motion by Mr. Merritt and seconded by Mr. Wilson,
7.c. Council was ~!nfo .r~.'ed that' a petition has.. been received from the
ab~tting ~property owners,. ~equesting abandonment o.f that porZion of
iS. 'E. 4th 'Street lying-.between S. E. 7th Avenue and~ the Intracoastal
Waterway, a distance of 150 feet~ further, that Council may deny this
request or refer same. to the Planning~ &. 'Zoning Board. and City Zngineer
for rev£e~ and recommendation thereon.
Said petition was unani~...ously referred for. review and recommenda-
tion, on motion by Mr. 'Wilson ~and seconded by Mr. Merritt.
7.d. Regarding a request for Gratis License, City C~erk Worthing
l~orted to council as ~ollows~
"council, .at its last regular meeting, defer~red action on the
application of Mr.. Arthur Herder, Sro, of Boynton Beach, Florida, for
a gratis ocCUpational l.~e~e, - '
Mr. Herder has~ ~uh~tt~ed ~roof to ~he Tax Department ~that..he .is
48
76 years of age. The applicant has further SUbmitted~ for verification,
his 1968 gratis occupational licenses from Palm Beach County, the Town
of Lantana and the City of Boynton Beach.
Subject to an applicant sUbmitting proof of being .exempt from
such license fee;' as this petitioner has done, the State Statutes,
per Chapter 205.16'2, as well as the City's Code .of Ordinances, per
SectiOn 16-4, provide that such indiPiduaI shall be allowed, to engage
in certain business activities within the county wherein he resides,
without being required to l~ay a 'l'i. cense fee.
Mr. Herder's qualification for such exemption is being 65 years
of age or older, and ft is therefore, recommended that this request be
granted."
Mr. Merritt pointed out that there is the same~.type of business
in Delray Beach, and ~he people operating same live here, pay office
rent, taxes, license fee, etc.
It was suggested that an Ordinance amendment ~concerning issuance
of gratis licenses may be desired, and the City,Manager said that item
could-be scheduled for s6me~workshop session in order to determine
Council's desire in the matter.
Following discussion, Mr.' WilSon moved, to accept Mr. Herder's
petition, the motion being seconded by Mr'. Youngblood. Upon call of
roll, Mr'. Wilson, Mr. Youngblood and Mayor 'Saunders Voted in favor of
the motion and Mr. Merritt was opposed.
Mr. Merritt' then recommended that this matter be referred to the
City Administration for study, review and possibly a workshop meeting,
and that an ordinance be prepared that .will take care of such situa-
~ions. It was so' or~.exe~ bT ~a~o~ Saunders.
8.a. The City CIerk presented RESOLUTI~ON NO. 11-68.
A RESOLUTION OF THE CITY COUNCIL..OF
THE CITY OF DELRAY 'BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AGREE-
MENT FOR INSTALLATION OF A PIPE L
ACROSS THE' RIGHT-OF-WAY AND UNDER-THE
MAIN TRACK, IN LOWSON BOULEVARD, OF
THE SEABOARD COAST LINE RAILROAD
COMPANY.
(Copy 0-f ReSolUt'iOn No, 11-68 is attached to the. official copy
of these minutes.) See page 54-F.
ResolutiOn No. 11~-68 was Unanimously passed and adopted on this
first and final reading, on motion by Mr. Merritt and seconded by Mr.
Y0ungblood.
8.b. City Clerk Worthing presented RESOLUTION NO. 12.-68.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF 'DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THAT CERTAIN RIGHT-OF-WAY
KNOWN AS CANAL STREET AS SHOWN ON THE
PLAT OF LAS PALMAS SUBDIVISION ON FILE
IN THE OPFICE OF THE CLERK OF THE CIR-
CUIT COi)RT IN AND FOR PALM BEACH COUNTY,
RECORDED IN PLAT BOOK 10, PAGE 68.
(Copy of Resolution No. 12-68 is attached to the official copy
of these minutes.) See page54-G.
During d. iscussion, it ~'was pointed out that said Canal Street
right-of-way is located w~th~n'~ ~he boUndari~s.'o~f the Intracoastal
Waterway, 'and the present Seawall encroaches in~o said Waterway.
Resolution No. 12-68 .was unanimously pas~' and adopted on~ this
first and final re~ading, onJ motion by Mr.~Wi'l~n and seconded by Mr.
Youngblood. · ' '.
8.c. The City Clerk presented R~sOLuTION NO. 13-68.
A RESOLUTION OF THE CITY COUNCIL. OF THE ~CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR AB.~ATING NU. ISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH 'ABATEMENT
OF SAID NUISANCES AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PRoPERTy IN AN AMOUNT AS SHOWN BY
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
'(Copy o[ Resolution No. 13-68 and assessments are attached to
the official copy .of these minutes.) See pages 54-H-I.
Resolution 'No. 13-68 was unanimously passed and~ adopted on this
first and final reading, on motion by Mr. Merritt and seconded by
Wilson, -
8.d. The City Clerk presented ORDXNANCE NO. 3-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH CERTAIN LAND
LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH L~,ND IS. CONTIGUOUS
TO'EXISTING MUNICIPAL LIMITS OF SAID CITY~
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ .PROVIDING.. FOR THE RIGHTS
AND .OBLIGATIONS 'OF. SAID LAND~ AND PROVIDIN~
FOR THE Z(H~ING THEREOF.
CCopy of Ordinance No. 3-68 is attached to the official copy of
these minutes.. ) See t~age 54-JFK.
There being no objection to Ordlngnce. No..:.3~68, said Ordinance
was una~imously Passed'. and ~adoPted on. this second, and .f~inal reading,
on motion by Mr:. Merritt and seconded..by Mr. Youngblood,
8.e. City Clerk worthing presented-ORDINANCE NO. 4-68.
AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF
DELRAY BRACH, FLORIDA~ ANNEXING TO THE CITY OF
DELRAY BEACH'.CERTAIN '~LAND, 'NAN~r.y LOT 3, DI~RAY
BEACH SHORES,. WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND~ AND PROVIDING FOR THE ZONING .THEREOF.
(Copy of. ord.inance No'. 4-68 is 'attached to the official' copl~, of
these minutes. ) See page 54-L,
There being no objection.to Ordinance No. 4-68, said Ordinance
was unanimous.ly passed and ad~pted on this second and final reading,
on motion by Mr. Youngblood, and seconded by Mr. W~lson.
8.f. The C~ty Clerk presented ORDINANCE NO. 5-68.
AN ORDINANCE OF" THE CITY COUNCIL ~OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTI°N 3-36, CHAPTER 3..AND AMENDING SUB-
SECTION 3,' SECTION !6~11.., CHAPTER 16,
CODE OF ORDINANCES OF THIS CITY PERTAIN-
ING TO DISTR=BUTION OF ADVERTISING MATTER
AND OCCUPATIONAL LICENSES.
(Copy of Ordinanue No.. 5-68. is attached to. the offic£al copy
of these minutes.) See page 5-4-}4.
5O
It was pointed out that the publishers of the S'hopPer's publica-
tions do .not desire 'that'.their ~a~ers be delivered to'in.d~ividuals not
desiring them, and .in ti~e th ings~ should be worked out satisfactorily
for all concerned.
It was ~uggested that if the publication had not been removed
from the door knob at the time' of next del'ivery, same should be re-
moved by the carrier and the new publication not left at that residence.
Mr. Pat Cullen filling in for Mr. Rob~ert Murray of the Delray
Beach News J°urnal asked about, the' drastic reduction in the license
fee the' Shoppers wit1 be required to pay, The City Attorney explained
the revised license fee 'fOr such operation makes it..identical to the
annual license fee charged the. newspapers.
Following discussion and explanations, Mr. Merritt moved that
Ordinance No'. 5-68 be passed and adopted on this second and final
reading, the motion being seconded by Mr. Youngblood and unanimously
carried·
8.g. City Clerk Worthing presented ORDINANCE NO. 6-68.
AN ORDINANCE OF~THE CITY COUNCIL OF THE CITY OF
D~RAY BEACH, FLORIDA, AMENDING SECTION .29-11,
CHAPTER~ ~29~.CODE' OF ORDINANCES' PERTAINING TO AL-
TERNATE MEMBERS OF THE BOARD OF ADJUSTMENT.
(Copy of Ordinance No. 6-68' is attached to the official copy
of these minuteS.)See page '54'A.
There being no objectiOn to Ordinance No. 6-68, said Ordinance
was unanimously passed and ado'p~ed on this second and final reading,
on' motion by Mr. Merritt and seconded by-Mr. Wilson·
8.h. City Clerk Worthing Presented ORDINANCE NO. 7-68.
AN ORDINANCE OF THE CITY COUNCIL OF ,THE CITY OF
DELRAy BF2%~H, FLORIDA, RE~ONING AND ~LACING IN
CERTAIN 'DISTRICTS' IDENTIFIED AND CONTAINED
HEREIN, THE LOTS AND ~ARCELS OF LAND IN THE CITY
OF DELRAY'BEACH, FLORIDA, SPECIFICALLY SET FORTH
-HBREINAFTER, AND A~ ,APPEAR ON' PLATS THEREOF ON
FILm. IN THE GFFICE~ OF~ THE, ~L~R/~ OF~ THE CIRCUIT
COURT IN-'AND'FOR PALM BEACH C~OUNTY; FLORIDA, AND
AMENDING-"ZONING' ~MAP' OF D~LRAY BEACH· FLORIDA,
Ordinance No. 7-68 was" unanimously placed oh first reading, on
motion by Mr. Youngblood and seconded by ~. Wilson.
8.i. The City Clerk:'.presented ORDINANCE NO. 8-68. ~
' AN 'ORDINANCE 'OF THE CITY COUNCIL OF THE "
CITY OF DELRAY BEACH, FLORIDA, AMENDING ",
SUBSECTIONS 24'~7, 24-8, and 24-9, CHAP'
TER'24· CODE OF ORDINANCES OF SAID CITY
RELATING 'TO TAX ON CIGARETTES; FIXING
RATES; PROVIDING FOR COLLECTION AND USE
OF PROCEEDS; AND OTHE~ISE PERTAINING
TO THE LEVY OF SUCH TAX.
Due to updating the City ordinance as a result of a recent change
in the Cigarette Tax, City Attorney Adams reported an emergency ordi-
nance would be necessary to take care of the April first increase in
said tax.
Mayor Saunders said~-that under the circumstances, he feels it
would be in order to table this ordinance and it was -so. moved by Mr.
Youngblood. - The.motion was seconded by..Mr. Wilson and carried unani-,
~ous ly.
9.a. Action on consideration of the Planning and Zoning Board report
concerning the request for rezon~ng Lots 17 and 18, Del-Harbour was
unanimously deferred due to the absence of Mr. Jurney, on motiOn by
Mr. Merritt and seconded by Mr. Youngblood.
10.a. Mr. Wm. Schmalz complained of the amount of space used for
Cabanas at the beach and the small areas left for use by the public~
an.d asked if there is an ordinance or.rules regulating the use of the
beach by the cabana concession.
The City Manager reported that a plan had been worked out a
couple of years .ago by a_ Council-appointed committee and the owners.:,of
the beach serVice, and Shat such plan would be checked and put into
effect tomorrow.
10.a. Mr. Wm. Schmalz referred to an ordinance prohibiting dogs fro. m
being on the beach and rei~orted there are many violations of that ordi-
nance. The C,.ity Manager reported the lifeguards as well as the Police
.._ ar..e used in the enforcement of that ordinance and that he would check
into the matter.
10.a. A request was. made by the Cripple Creek Surf Club by Mr. Eric
M. Nelson of Lake Worth, an adult sponsor of the Club, for use of the
Community Center Gymnasium on March 15th, fo,r showing of a surfing film
for which an admission fee of $1.50 would be charged.
The City Manager said it had been th? policy of Council in .the
paS~ to ~gree to" the usage of the. Community center, ~t, no charge, for
local .groups, hi, gh school organizations where the proceeds frqm a dance
~r Other function might be used by the organization of the school, and
civic organizations and clubs. He reported the dat~ of March 15th to
be available for use, but questioned use being granted to outside
organizations. ;. .
FolloWing lengthy discussion,~ Mr. Merr.i. tt moved that ~he'request
be denied, the motion being' Seconded'by Mr. Wilson and unanimously
carried'.
10.a. Mr. R. O. Priest informed Council that he received a notice on
March 9th from a department of the .City giving him 24 hours to move
an office 'building from 2100 West Atlantic Avenue as it was in viola-
tion of the City. Ordinances and to comply with same would be a great
hardship to him. He asked for a temporary permit to let_ said building
remai~ On. his props, try a.t. that location for one year.
During ,discussiOn, the City .Manager in.-formed~ council that Mr.
Priest's property abuts the old abandoned right-of-way of West Atlantic
Avenue and that he had requested the County to abandon said portion
of right-of-way in. favor_of the abutting property owners ~ ._ further ,
there have 1)esn negotiations concerning city water lines existing in
that ~ight-of-way~. The City Manager explained about the request .for
a permit'to, move said building 'and. of the nature of the violation of
the City COde ....
Mr. 'Priest-~was asked what he :intended to do with the building if
such temporary.'permit was granted for one year,-and. ~e'tnformed Council
that he would either move the building or..: comply with .code requirements
of that, zoning district,
The, city ~anager. said if it is COuncil's desire, before making a
decision on this request, a plot plan with setbacks, etc. will be pre-
pared for Consideration. .
Mr. Wilson.moved thai' this matte~ be tabled, for further study
With a thorough investigation and recommendation by the Administration
and be presented-to Council for consideration at its next regular meet-.
~.~ng~.' .The motion was seconded 'by Mr. Merrttt and carried unanimoUsly,
10.b: Mr. Merritt said the Annual Delray Beach Affair, conducted by
the Cham~..er 'of Commerce' is scheduled for APril 19th and 20th, and
requested that' the City Council endorse this-project, and asked :for
the support of the City Administration and the Police Department, as
52 ~
parking'wOuld have to beeli~inated on part of Atlantic Avenue and for
half a block on N. E. 4th Avenue. He then'mOved that the Admifiistration
and the Police Department be instructed to cooperate in every way pos-
sible. The motion was seconded hy Mr. Youngblood and carried unani-
mously.
10.b. Mr. Wilson asked for a report concerning a ficus tree being
removed by the sanitary sewer construction contractor from in front of
the residence of Mr. W,~'H. Dezearn, 816 S. W~ llth Avenue.
The City Manager read 'a re~ort concerning same from the Director
of Public Uti'lities in which he recommended that Russell &.Axon be
advised that Paragraph 14, Page I'3 of the specifications applies, and
that they are to so proceed, which would provide for replacement of
the tree'.
lO.b. City Attorney Adams SaTd that at the last workshop meeting he
had informed Council he would-request a corrective easement to the
Corps of Engineers, regarding a pipeline and beach disposal easement
from the Intracoastal Waterway to the Ocean on Casuarina Road and 200
feet north and 200 feet South of the centerline of casuarina Road;
further, he now d~sired authorization ·for the Mayor and City Clerk to
execute a corrective easement for 400 feet north of the centerline of
Casuarina Road. Mr. Merritt mOVed'to grant the authorization requested
by the City Attorney, the motion being seconded by Mr. Youngblood and
unanimously carried.
10.b. City Manager Gatchel announced that in accordance with Council's
desires and wishes to hear all interested citizens who have any thoughts
or ideas concerning'the Beach Revetment and repair of it, a meeting
has been scheduled for 8:00 P.M., Wednesday, March 13th, in the Council
Chambers for that purpose. Purther,.that personaI telephoneinvita-
tions are being extended to persons that have written or contacted the
Council or City Administration, to be present at said meeting.
lO.b. Mayor Saunders said there had been discuSsion with the PrinCipal
of Seacrest High School about the possible growth in the south part of
the City and suggested the CounCil go on record of notifying the Board
of Public Instruction of ~alm Beach County that there is a possibility
of considerable growth in the south area of Delray Beach due to pro-
posed development in Tropic Palms and Tropic Isle Subdivisions, and
that they be informed that within a year or two there will be the need
~for a schOol in that area.
City Manager Gatchel reported he had read a news item stating
that item was considered'by the School Board at a meeting following the
discussion with.Principal Ripley, and they had'adopted a resolution
asking the City of. Delray.Beach to attemptto reserve school sites in
the proposed development area, but he has received no official com-
munication concerning same. He further reported that this'matter had
been discussed with the developers of said~'property,~.and that the City
is looking for a few lots for parks and recreational'purposes. He also
reported that the City Planner is in direct'contact with the School
Board regarding this matter.
10..b. The City Manager reported that C~ty Clerk R. D. Worthing would
attend a meeting in Orlando tomorrow with reference to the State
Comptroller's interest under the new state law in a matter dealing
with tax assessments.
lO.b. Mr. Wilson referred to the matter of additional sidewalks being
installed on S. W. 10th Street for the benefit of the Pine Grove
mentary School students. The'City Manager reported he had contacted
the Countyconcerning extending the 'sidewalk, .in accordance with the
request made at .the last. Council meeting following a suggestion by Mr.
James Scheifley regarding same.
10.c. City Clerk Worthing presented a bill from the City Attorney in
the amount of ~100.00 as a result of legal:work in connection with
the purchase of four lots in 'Breezy Ridge Estates for the purpose of
extending Davis Road onto West Atlantic Avenue, and then presented
the following Bills for Approval~
General Fund $.81,428.25
Water Operating & Maintenance Fund 6,047.81
Special Aseessment Fund 200,000.00
Utilities Tax Revenue Fund 1,550.00
Capital Improvements Construction Fund 150,000.00
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund 12,019.35
The bills were unanimously ordered paid, on motion by Mr.
Merritt and seconded by Mr. Wilson.
The meeting adjourned at 10:15 P.M.
R. D, WORTHING
...... 'cler
APPROVED:
-9- 3-11-68
54-A
ORDINANCE NO. 6-68.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF
DFJ~RAY BEACH, FLORIDA, ;~dENDING SECTION 29-11,
CHAPTER 29 CODE OF ORDINANCES PERTAINING TO AL-
TERNATE MEMBERS OF THE BOARD OF ADJUSTME~.
WHEREAS, the City CounciI of the City of Delray Beach, on February
15, 1960, passed Ordinance No. G-342 creating and providing for a Board
of Adjustment (codified in the Code of Ordinance Section 29-11, Chapter
29), and
WHEREAS, said Ordinance provided alternate members for each member
of said Board to act in the absence, disability or disqualification of
the member for whom he was appointed as an alternate; and
~LF~REAS, the city council of the City of Delray Beach wishes to
amend said Ordinance to provide for five alternate members to serve
at large to be selected in the event of the absence,'disability or
disqualification of any member;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 29-11, Code of OrdinanCes of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
"Sec. 29-11, Board of Adjustment - Created; Composition,
Terms, Vacancies.
(a) CREATION: A Board of Adjustment is hereby established.
The word 'Board' .when hereafter used in this Ordinance shall
be construed to mean the Board of Adjustment.
(b) COMPOSITION, TERM, VACANCIES: The Board shall be com-
posed of five members, whoshall be appointed by the City
Council, and who shall serve without compensation. The
members of the initial Board will serve for the following
terms; one member for one year, two members for two years
and two members for three years. After the above terms
have expired the Council will appoint replacements for ex-
pired terms, said replacements to serve for a term of three
years each. Said City Council may also appoint five alter-
nate members at large, which members shall act in the ab-
sence, disability or disqualification of any members. The
alternates shall be appointed in the same manner and for
'~ the same term as the regular members. The Chairman shall
designate the alternate who shall serve in the absence,
disability or disqualification of any regular member. Any
member or alternate member shall be removable for cause,
after charges have been preferred against and served upon
him, and a public hearing had before the City Council there-
on4 Vacancies on the Board occurring~for~reasons other than
by expiration of term, shall be filled for the unexpired
term by the City Council. Members and.alternates.~shall~'be:·
residents of.the City of.Delray Be~ch, and shall hold no
other public office or position under the City Government."
Passed and adopted in regular session on this second and final
reading on this llth day of March , 1968.
../S/ ~Jpck. L.....~aun~ers ..........
ATTEST: M A Y O R
R. ......
City Clerk
First Reading February 22, 1968 Second Reading March 11, 1968
PROPERTIEs IN VIoLATioN OF oRDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWN_ER AND ADDRESS PROPERT~..-D~.SCRIPT!ON CQ,D.E
1.
Sylvester Berry ' Lot 1, Block 6, Atlantic 15-3
1301 PrOspect Street Gardens- &
Delray Beach, Florida 33444 '(101 S. W. l'2th Avenue) 15-4
Joe R. Kern .Lots 18 & 19, Block 3, · .'i~' '. 15-3
P. O. Box 1691 Atlantic Park Gardens. &
Delray Beach,. Florida 33444 (126 S. W. 12th Avenue) 15-4
3.
Frank N. Somerford Estate Vacant pa=t of Lots 2, 3, 4, 15-3
c/o Owen Somerford 5, 6, Block 14, Osceola Park.
P. O. Box 1794 (110 S. E. 8th Street) 15-4
Delray Beach, Florida 33.444
Violations 15-3 and 15-4 as concerns thi,s report are as follows:
1. 15-3 - Garden trash, loose, trash, bottles, cans, etc.
15-4 - High weeds
2. 15-3 - Garden trash and other loose debris
15-4 - High weeds .and undergrowth
3. 15-3 - Garden trash and other loose debris, loose metal,
concrete blocks, wood and buildings falling down, etc.
15-4 - High weeds and heavy undergrowth
Submitted. to the City Council by the City Manager on
this 1t~h day of March, 1968.
54-C
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
PROJECT NUMBER 5964-8b
AREAS 23 & 25.
SUPPLEMENTAL AGREEMENT NO. I.
This agreement entered into this llth day of March , 1968,
by and between the City of Delray Beach, Palm Beach County, Florida,
as party of the FIRST part, and Cambron Construction Company, Inc.,
as party of the SECOND part, as being a supplement to a certain Con-
tract by and between the parties aforesaid, dated September 27, 1967,
for the construction of Sewage WOrks Project in Areas 23 and 25 of the
City of Delray Beach, Palm Beach County, Florida.
WITNESSETH:
I. WHEREAS, the party of the FIRST part desires to amend the
Contract to provide for the addition of certain items, the increase
of certain items and the deletion of certain items of the Contract
dated September 27, 1967; and
WHEREAS, the party of the FIRST part desires to expand its
Contract to include work in Area 27 and in Area 12.
II. THEREFORE, the party of the SECOND part agrees to construct
the additional items and the increased items, as detailed in APPENDIX
"A", furnishing all necessary labor, materials and supplies at the
Supplemental Agreement unit prices.
III. It is further agreed and understood that the contract time
will be extended 90 calendar days, and that this change shall not alter
in any manner the force and effect of'the original Contract dated
September 27, 1967, and the same shall stand in full force and effect
in all respect except as amended by this agreement.
Recommended for Approval
Russell' & Axon, Co.nsulting CAMBRON CONSTRUCTION
Engineers, Incorporated COMPANY, INC.
Project ha-nager.'~
ACCEPTED
CTT%~ ~ DELRAY BEACH
Approved as to form:
City Attorney By
City Manager
ATTEST :~,~
Czty Cle~
54-D
APPENDIX "A"
TO
SUPPLEMENTAL AGREEMENT NO. I.
Project 5964-8b. Areas 23 & 25. .~
Delray Beach, Florida.
Item. . Unit
No..,. Item ~ni.t .Quantity Price Amount
Items Deleted
· 31 Furnish and Install 10" Cast
iron force main Lin.ft. 3235' $ 4.20 $13,587.00
36 Furnish material and construct
10" force main crossings on
U.S.% 1. Bore & Jack Lin.ft. 80 55.20 4,416.00
46 Furnish all labor, material and
equipment and install additional
pump, piping and controls for
existing Lift Station No. 21
complete and ready for use in
accordance with drawings and Lump
specifications Sum 1 3,655.00 .. 3,655.00.
Sub-Total Deleti0ns" $21,658.00
Items Reduced
41 Furnish material and construct
· limerock base replacement Sq. Yds. 800 2.10 1,680.00
42 Furnish material and construct
sidewalk and driveway pavement
replacement Sq. Yds. 50 3.00 150.00
Sub-Total Reductions $ 1,830.00
Items Increased
5 Stage excavation and backfill,
8", 10" & 12" pipe 0-6' .Cut Lin.ft. 1215 2.69 3,268.35
6 Stage excavation and backfill,
8", 10" & 12" pipe 6'-8' cut Lin.ft. 922 3.76 3,466.72
7 Stage excavation and backfill
8", 10" & 12" pipe 8'- 10' cut Lin.ft. 858 4.06 3,483.48
8 Stage excavation and backfill
8", 10" & 12" pipe 10'- 12' cut Lin.ft.,~ 300 6.30 1,890.00
11 Furnish and install 12"
V.C. sewer pipe Lin.ft. 455 2.79 1,269.45
12 Furnish and install 10"
V.C. sewer pipe Lin.ft. 50 2.12 106.00
13' Furnish and install 8"
V..C. sewer pipe Lin.ft. 2790 1.57 4,380.30
14 Furnish and install 6" V.C.
pipe service connections Lin.ft. 485 1.90 921.50
20 Furnish and install 8" x 6"
Clay wyes and stoppers each 24 14.00 336.00
21 Furnish material and construct
shallow manholes each 3 140.00 420.00
22 Furnish material and construct
standard 4' I.D. manholes each 9 195.00 1,755.00
· 54-E
Page 2. Appendix "A" to Supplemental Agreement No. 1.
Project 5964-8b. Areas 23 & 25.
Unit
Items IncreDsed continued Uni.t Quantity Price Amount
23 Furnish material and construct
additional vertical depth of
4' I.D. Standard Manholes L~n.ft. 265 23.00 609.50
27 Furnish and install 8" plugged
stubs in manholes each 2 16.00 32.00
33 Furnish and install 6" cast
iron force main Lin.ft. 753 2.60 ~ 1,957.80.
Sub-Total Increases $23,896.10
Items Added
49S Furnish material and construct
cut-in to existing manhole each 1' 50.00 50.00
50S Furnish material and construct
asphalt roadway pavement
replacement Sq.yds. 185 5.00 925.00
51S Furnish material and construct
12" cast iron highway crossing
on 1-95 Open cut Lin.ft. '320 31.00 9,920.00
52S Furnish material and construct
6" cast iron railroad crossing.
Lin.ft. 115 49.10 5,646.50
Bore .& Jack ._
53S Furnish all labor, materials
& equipment and construct
Lift Station No. 27 complete
and ready for use in accordance
with the applicable drawings
and specifications and furnish
items of major equipment named Lump
in the specifications. Sum 1 19,320.00 19,320.00
54S Remove existing lift station
wet well, station 0 + 25 on Lump
extension to main 21 Sum 1 654.98 654.98
55S Furnish material & construct
curb replacement Lin.ft. 10 2.00 20.00
56S Raising 6" water main in con-
flict with Sanitary Sewer con-
struction at S.W. 10th Avenue Lump
and S. W. 8th Street. Sum 1 180.70 180.70
57S Model T6A-B Gorham-Rupp 6"
pump for Lift Station No. 21
addition which was deleted each 1 1,083.56 1~083.56
Sub-Total Additions .. $37,800,'74
Amount of Original Contract $ 194,595.80
Amount of Items Increased & Added $ 61,696...84
Amount of Items Deleted & Reduced 23~488.00
Net.increase to Contract 38~208.84
Revised Contract Amount this Agreement $ 232,804.64
- .54-F
RESOLUTION NO. 11-68.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AGREE-
MENT FOR INSTALLATION OF A PIPE LINE
ACROSS THE RIGHT-OF-WAY AND UNDER
THE MAIN TRACK, IN LOWSON BOULEVARD,
OF THE SEABOARD COAST LINE RAILROAD
COMPANY.
BE IT RESOLVED, by the City Council of the
City of Delray Beach,-Florida, a Florida municipal
corporation, as follows:
1. That the City of Delray Beach, a munic-
ipal corporation of the StaGe of Florida, does hereby
contract and agree to enter into an agreement with
Seaboard Coast Line Railroad Company, wherein and
whereby the said City of Delray Beach is given the
right and privilege to install and maintain, for the.
purpose of a sanitary sewer main, a line of 16-inch
cast iron pipe across the right-of-way and under the
main track of Licensor in Lowson Boulevard at Delray
Beach, Florida, at a point 1919 feet northwardly,
measured along the center line of said main track,
from Mile Post 989; TOGETHER WITH the right and priv-
ilege to install and maintain a manhole in said line
of pipe; all as more fully shown in red on the print
attached hereto and made a part hereof; said right-
of-way being as indicated on said print.
2. It being further understood that the
installa%ion and maintenance of said sewer line shall
be in accordance with conditions as set forth in the
'Agreement For Municipal Pipe Line', dated January
5th, 1968, as prepared by the Licensor, and which is
attached hereto and made a part hereof.
3. That this Resolution shall take effect
immediately upon its passage.
A Y 0 R .... .:j~
C£ty~
54-G
RESOLUTION NO. 12-68.
. A RESOLUTION OF THE CITY COUNCIL OF THE
· CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THAT CERTAIN RIGHT-OF-WAY
KNOWN AS CANAL STREET AS SHOWN ON THE
PLAT OF LAS PALMAS SUBDIVISION ON FILE
· IN THE OFFICE OF THE CLERK OF THE CIR-
CUIT COURT IN AND FOR PALM BEACH COUNTY,
RECORDED IN PLAT BOOK 10, PAGE 68.
L~.L WHEREAS, the owners of certain real property located
in the City of Delray Beach, Florida, abutting the hereinafter
described road right-of-way request the vacation and abandonment
of said right-of-way; and
WHEREAS, said road right-of-way has never been opened
or developed, and is not required for providing egress and in-
gress to any lands; and
WHEREAS, said right-of-way was never dedicated to the
· public and in fact is located within the boundaries of the Intra-
coastal Waterway and the abutting owners wish to have same elimi-
nated from the plat;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Paragraph Three (3)
of the Charter for the City of Delray Beach, Florida, we hereby
declare the following right'of-way in the City of D~lray Beach,
Florida, to be vacated and abandoned:
The following property located in the City
of Delray Beach, Palm Beach County, Florida,
to wit:
That certain right-of-way shown as Canal Street.
as shown on the plat of LAS PALMAS SUBDIVISION
on file in the office of the Clerk of the Cir-
cuit Court in and for Palm Beach County, record-
ed in Plat Book 10, page 68.
PASSED AND ADOPTED in regular session on this the llth
day of March , 1968.
/S/ J. L. Saunders
ATTEST: M A Y O R
/S/ R. D. Worthinq
RESOLUTION NO. 13-68. 54-H
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES; AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the city of Delray Beach, did, in
regular //~/~///////////session held on the .M.a¥ ~, ..October 30,
November 13.and ~ovember 27, 1967.... declare the existence of a nui-
sance upon certain lots or parcels of land, described in a list sub-
mitted to them, for violation of the provisions of ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment againstsaid property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate, the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-ld7 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be~a lien upon the respective lots and
parcels of land..described in said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and With the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a c~rtlfied copy o~ this resol~tion
in the office of the Clerk of the C!~cuit Court'in and for Pal~'Beach
County, Florida, and shall furnish each of the owners na.,~m~in and
upon said report a notice that the City Council of the city~.Delray
Beach, did, on the Mav_ 8, October 30, No.vember 1.3. and_November 27. 1967
order the abatement of.a certa~"~'iSan~e existing on their described
.~operty and property owner having failed to abate such nuisance,
within the 30 dayperiod, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall bec~me
due and payable ~hirty days after the~,~ma~iling date. of the notice of
said assessment, after which interest~a~l accrue at ~he rate of 6%
per annum on'a.n~,unpaid portion thereo~..
PASSED'AND.ADOPTED in regular se~{~-~the ~th ~ay of
March~ .... , A.D. 19 99.
ATTEST= /S/ J. L..Saunders
MAYOR
/S~ R. D. Worthing
54-I
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
May 8, 1967 list.
West vacant 80 feet of South 231 feet Harry Warren .& Elsa $~97.00
of West 332 feet of SW¼ of E½ of Lot F. Bond
11 less West 80 feet of East 251.75
feet of South 100 feet of North 200
feet, Section 8-46-43.
October 30, 1967 list.
West 76.6 feet of Lots 20 & 21, less Sadie C. Thomas $12.00
South 8 feet of Lot 20, 'Block 63.
South 135 feet of West 85~ feet less George B. Mehlman $35.00
South 20 foot R/W, Block 20.
East 50 feet of South 135 feet of Robert S. Hunter Estate $~22~00
West 135 feet less South 20 foot
R/W, Block 20.
Lot 8~and North 30 feet of Lot 9 Edward P. & Marvel $75.00
less East 5 feet, Block i05. Barnard
November 13, 1967 list.
Lot 31, Haller and Grootman's S/D. Miriam N. Brown Cohen $22.50
November 27~ 1967 list.
South 50 feet of East 135 feet of Samuel Hayes, Jr. $85.00
North ½ of Block 1.
Lot 2, Block 5, Osceola Park. J.L. & Margaret $35.00
Patterson
54'J
ORDINANCE NO. 3-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO TH~ CITY OF DELRAY BEACH CERTAIN LAND
LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AND PROVIDING
FOR THE ZONING THEREOF.
W~EREAS, W. M~RRITT JONES and HAZEL D. JONES, his
wife, are the fee simple owners of the property hereinafter
described, and
WHEREAS, W. MERRITT JONES and HAZEL D. JONES, his
wife, by their petition, have consented and given permission
for the annexation of said property by the City of Delray
Beach, and
WHEREAS, the City of Delray Beach has heretofore
been authorized to annex lands in accordance with Section
185.1 of the City Charter of said City granted to it by the
State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to
said City a tract of land located in Section 28, Township
46 South, Range 43 East, Palm Beach County, Florida, which
lies contiguous to said City and is more particularly de-
scribed as follows:
Beginning at the intersection of the North line
of Tropic Isle with the West line of the Intra-
coastal waterway, as said. intersection is shown
on the Plat of Tropic Isle, according to the plat
thereof recorded in Plat Book 24, Page 235, Public
Records of Palm Beach County, Florida; thence West-
erly along the said North line of Tropic Isle, a
distance of 131.49 feet to an intersect/on with
the Easterly Right-of-way of the end turn around
of McCleary Street., said intersection .also being
in the arc of a curve concave to the West and
having a radius of 50 feet; thence Northerly and
Westerly along the arc of said curve to an inter-
section with a line parallel to and 25 feet North-
erly from.the said North line of Tropic-Isle;
thence Easterly along said parallel line, to an
intersection with the Westerly Right-of-way of the
Intracoastal Waterway; thence Southerly along
said Right-Of-way line a distance of 25 feet more
or less to the point of beginning.
SECTION 2. That the boundaries of the City of
Delray ~each, Florida, are hereby redefined so as to include
therein the above described tract of land, and said land is
hereby declared to be within the corporate limits of the
City of Delray Beach, Florida.
~ 54-K
Page 2, ORDINANCE NO. 3-68.
SECTION 3. That the tract of land hereinaboVe
described is hereby declared to be in .Zoning District
R-iA as defined by existing ordinances of the City of
Delray Beach, Florida.
SECTION 4.' That the lands hereinabove described
shall immediately become subject to all of the franchises,
privileges, immunities, debts, obligations, liabilities,
ordinances and laws to which lands in the City of Delray
Beach are now or may be, and persons residing thereon shall
be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause,
sentence or part of this ordinance Shall be declared illegal
by.a court of competent jurisdiction, such record of illegal-
ity shall in no way affect the remaining portion.
PASSED in regular session on the second and final
reading on the llth day Of'March , 1968.
~S/ ,~. ,L: _~a~dg~s
MAYOR
ATTEST:
/S~/ R..D? W0r, t,,h,i, ng
City Clerk
First Reading Febrpar¥ %2., 1.968
Second'Reading March 1!, 1968
54-L
ORDINANCE NO, 4-68.
AN ORDINANC~ OF ~ CITY COUNCIL OF ~ C~Y OF
DELRAY B~ACH, FLORIDA, ANNEXING TO THE CITY OF
DEL~AY ~CH CERTAIN LAND, NAMELY LOT 3, DELRAY
BEACH SHORES, ~{ICH LAND IS CONTIGUOUS TO EXIST-
IN~ MUNICIPAL LIMITS OF SAID CITY; REDEFININ~
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROV~DXN~ FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR T~E ZONING THEREOF.
WHEREAS, -GEORGE W. TAYLOR and EDNA MAY TA~LOR, his wife,
are the. fee simple owners of the property hereinafter described, and
WHEREAS, GEORGE W. TAYLOR and EDNA MAY TAYLOR, his wife,
by their petition, have consented and given permission for the annex-
ation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of sa~d City granted to it by the State of Florida~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY'COUNCIL 'OF
THE CITY OF DELRAY BEACH~ "FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach cowry, Florida, hereby annexes to said City the
following described tract of land looated in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
Lot 3, DELRAY BEACH SHORES, according to
plat thereof recorded in Plat Book 23,
Page 167 of the public Records of Palm
Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
above described tract of land, and .said land is hereby declared to
be within .the Corporate limits of the City of Delray Beach, Florida.
sEcTION 3. That the tract of land hereinabove described
is hereby declared to be in Zoning District ~-IAA as defined by ex-
isting ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts (except the existing bonded indebtedness}, obli-
gations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
PASSED in regular session 'on the second and final read-
ing on the llth day of March , 1968.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S~.R.D.~...W0rth. in~. ~ ~ .... . .... City C~.erk
First Reading February 12, 1968 ..~Seco~ Reading March 11, 1968
· "- ....... ....... ....... ' .......................... '
ORDINANCE, NO.' 5.68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH,'FLORIDA, REPEALING
SECTION 3-36, ~PTER 3 AND AMENDING SUB-
SECTION 3, SECTION 16-11, CHAPTER 16,
CODE OF ORDINANCES OF THIS CITY PERTAIN-
ING TO DISTRIBUTION' OF ADVERTISING MATTER
AND OCCUPATIONAL LICENSES.
NOW, THEREFORE, BE IT ORDAINED by the City coUncil of
the City of De, ray Beach, Florida, as follows:
Section 1: That Section 3-36, Chapter 3 of the Code
of Ordinances of this City be and the same is hereby repealed.
Section 2~ That Sub-section 3, Section 16-11, Chapter
16, Code of Ordinances of the, City of Delray Beach, Florida, be
and the same is hereby amended to read as~ follows:
"3. ADVERTISING, agencies, firms associations,
corporations or other persons distributing
circulars, pamphletsor other advertising
matter, except local meruhants .and theaters
advertisings'in this way their own~goods and
merchandise shall pay an annual license tax
of $50.00.
Providing such advertising matter shall not
be placed in automobiles or thrown on streets
or vacant properties and no person shall dis-
tribute any advertising or literature on East
Sixth Avenue, (also known as theFederal High-
way), on East Fifth Avenue, (also known as
theold Dixie Highway), Atlantic Avenue, or
on Ocean Boulevard within the. city. *Ail such
advertising matter shall be delivered upon
private premises only by handing it directly
to the owner, occupant, orother person then
present in or upon such premises or by se-
curing same to the doorknob."
Passed andadopted in regular session on this 'second and
final reading on this llth day of March ,1968.
M A~Y OR
ATTEST:
/S./ R. D.. Worthin.9 City Clerk
First Reading ._February'.22:..1.968 ~ .
Second Reading .March 11, .1968 .....